Indu Bhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9984 of 2026 Arising Out of PS. Case No.-460 Year-2025 Thana- RAJIVNAGAR District- Patna ====================================================== Indu Bhushan Kumar Son of Bodhan prasad Resident of Mohalla- Prahlad Nagar, Daruara, PS- Noorsarai, Dist- Nalanda , Biharsharif At Present Resident of C/o- Late Yugeshwar Sharma and Sunil Sharma House no. B-36, Indrapuri (Ramnagari), PS- Rajiv Nagar, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the State :
Mr. Jitendra Kumar Singh, APP For the Informant :
Mr. Ashok Kumar, Advocate :
Mr. Ajay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-02-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and Mr. Ashok Kumar, learned counsel representing the informant as also Mr. Jitendra Kumar Singh, learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Rajiv Nagar P.S. Case No. 460 of 2025 registered for the offence under Sections 316(2), 318(4), 338, 336(3) and 61(2) of the B.N.S., lodged on 13.07.2025 by the informant, Kumar Rajesh Ranjan.
3. As per the prosecution story, the informant and his wife runs a hospital at Magistrate Colony, Patna in the name of Satyadev Multi Specialty Hospital. For smooth financial transaction, he appointed the petitioner as manager-cumaccountant in the year 2020 and he was to make payment to the
2/4 Pharmaceuticals Companies after checking the bills. The allegations is that when he got information from some companies that they are not receiving payment for the delivery that were made, the informant personally looked into the matter and came to know that two different cheques worth Rs. 14,35,581 have been misappropriated and actually went to the accounts of amongst other Nitish Kumar and Ajay Kumar. This followed the F.I.R..
4. Learned counsel for the petitioner submits that he sincerely worked in the hospital and still is in the F.I.R. net. Further, Ajay Kumar paid Rs.28,224/- which followed grant of relief by the learned Sessions Judge. At that time, the petitioner also paid Rs.4,00,000/- and thus now the alleged amount has come down to Rs.10,07,357/-.
5. He further submits that he do not have criminal antecedent and want to get out of this criminal case and despite having financial crisis, is ready to pay back Rs.10,07,357/- without accepting the allegation. The submission is that: (i) he intends to pay a Demand Draft of Rs.5,00,000/- issued by the local branch of State Bank of India/any Nationalized Bank in favour of the informant at the time of execution
3/4 of bail, if granted relief;
(ii) further, for the rest amount i.e.
Rs.5,07,357/- he is ready to pay in five equal installments in next ten months i.e. by 31st December, 2026.
6. Learned counsel for the informant, Mr. Ashok Kumar, on instruction, submits that he is a Doctor and runs a hospital, the petitioner has served under him for quite some time, if he is ready to pay the amount (Rs.10,07,357/-), the informant is also ready to take extra steps to ensure that the present case comes to an end and both the parties shall be further filing a joint petition before an appropriate court but only after the entire aforesaid amount is paid.
7. Considering the aforesaid submissions of the parties, this Court is inclined to extend the petitioner the privilege of anticipatory bail.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Patna, in connection with Rajiv Nagar P.S. Case No. 460 of
4/4 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T